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  1. #1
    Join Date
    Jan 2013
    Location
    White Plains, New York, United States
    Posts
    1

    Question How to Force Sale of a Home Owned by My Husband and His Mother

    My question involves real estate located in the State of: New York

    In 2007, my husband signed on to the mortgage for his family's home in White Plains. His mother could not afford the house and needed someone with good credit to refinance with her. My husband signed the documents to help her out and was added to the deed. When I moved into the basement of that home with my husband ( before we got married) we paid a third of her mortgage to help. We have move out and want to buy our own home soon but he wants to get off this mortgage first. His mother has old us that she will get him off the mortgage for over 4 years now. At this point, because my husbands ( deceased ) grandparents names were also on the deed American Express has put a lien on the house. His mother attempt to refinance about a year ago and because of this lien she has not been able to proceed. The lien was supposed to be taken care of during the grandfathers bankruptcy two years ago but the lawyer is giving us a hard time with the paperwork.

    Is there any way to force the sale of this property, especially since my husband wants nothing to do with it- only wants his name off of it?

    It is such a mess that it is hard to accurately describe the situation!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Force Sale of a Home Owned by My Husband and His Mother

    Quote Quoting Michelle Rose
    View Post
    At this point, because my husbands ( deceased ) grandparents names were also on the deed American Express has put a lien on the house. His mother attempt to refinance about a year ago and because of this lien she has not been able to proceed.
    What happened in the probate estate, in relation to the debt and lien?
    Quote Quoting Michelle Rose
    The lien was supposed to be taken care of during the grandfathers bankruptcy two years ago but the lawyer is giving us a hard time with the paperwork.
    Your husband's grandfather had the debt discharged in bankruptcy before he passed away? When you say "the lawyer", whose lawyer are we talking about and exactly what have they been retained to do? What "paperwork" do you need, and for what purpose? An order of discharge would be easy enough to obtain from the court.
    Quote Quoting Michelle Rose
    Is there any way to force the sale of this property, especially since my husband wants nothing to do with it- only wants his name off of it?
    Your husband can file a lawsuit for partition and sale. Unfortunately he can expect the cost to be in the five figures and, if contested, for it to take at least the better part of a year. Or he can convince his mother to sell the home and avoid that expense.

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